2. Regulations
Regulations are everywhere, there is no avoiding them
Critical aspect of Legal Research
The first 50 pages of the owners manual of your new car are
about seat belts
Ladders are covered in warning labels
Take Administrative Law
Employers complain that new law grads can’t tell the
different between a statute and a regulation
3. Regulations
“Delegated” legislation –
Agencies typically get their power from Congress
Agencies refer to their DELEGATED LEGISLATION by Public
Law citation not USC citation
“section 105 of The Act.”
Example: section 105 of the act:
Pub. L. No. 107-204, § 105 = 15 USC § 7215
5. Agency Powers
Agency powers reflect the three branches of government
Rulemaking (Legislative)
Adjudicatory (Judicial)
Enforcement (Executive)
Different agencies have different combinations of powers
depending on what they need to accomplish
6. Regulations
The United States Government Manual
http://www.usgovernmentmanual.gov/
The United States Government Manual is the official handbook
of the Federal Government. This special edition of the Federal
Register is currently updated to provide comprehensive and
authoritative descriptions of the programs and activities of the
legislative, judicial, and executive branches. The Government
Manual also includes information about quasi-official agencies,
international organizations with U.S. membership, and Federal
boards, commissions, and committees.
7. Regulations
Statutes are enacted, Regulations are promulgated
AUTHORITY
The legislation granting the agency the power to do what it is doing
(Delegated Legislation)
SOURCE
Citation to the Federal Register where this final regulation first
appeared
10. The Lifecycle of a Regulation
NOTICE & COMMENT
Hearings & Meetings
Proposed Regulation – invitation to comment
Publication in the Federal Register: Notice of Proposed Rule Making
(NPRM)
COMMENT PERIOD CLOSES (DANGER!)
Revised Proposed Regulation – Summary of Comments
Full comments available in the agency’s docket
Final Regulation
Published in the Federal Register, and codified in the next edition of the
Code of Federal Regulations
11. The Lifecycle of a Regulation: NPRM
Proposed
Regulation
Final
Regulation
Comment
Period
Comment
Period
Revised
Proposed
Regulation
Legend
Notice
Comment
12. Regulations
What is the Federal Register?
http://www.youtube.com/watch?v=jDIUrEmaDFE
The daily publication of the agencies of the Federal
Government, it contains:
Notices
Proposed Rules* & Comments
Final Rules
Presidential Documents
A Notice of Proposed Rule Making will always list a name and
phone number of the person to contact for more information
*Warning: Proposed Rules look exactly like Final Rules, except that it
says “Proposed Rules” at the top of the page
17. Federal Register Exercise
Find today’s Federal Register
Look at the Table of Contents
Select a proposed regulation
When does the comment period close?
Locate the link to the .pdf file and open it
18. Regulations
What is the Code of Federal Regulations?
An annual compilation of final Rules arranged into 50 titles roughly
corresponding to the US Code
Published on a quarterly schedule
Titles 1-16
Titles 17-27
Titles 28-41
Titles 42-50
January 1
April 1
July 1
October 1
Rules change all the time, so updating is critical
List of Sections Affected (LSA)
Check all the way up to this morning’s Federal Register for changes
19. Code of Federal Regulations
FDSys
CFR
About the Code of Federal Regulations (annual edition).
Only access here is TOC
Parallel Table of Authorities and Rules for the Code of Federal
Regulations and the United States Code
Great place to start if you have a citation
Select the Year
It’s only February, so there’s no point choosing 20014
Keep clicking on the + and drill down until you see the one you want
21. Regulations
eCFR http://www.ecfr.gov
SIMPLE Search is the only method that searches the FULL
TEXT
While every effort has been made to ensure that the e-CFR is
accurate, those relying on it for legal research should verify their
results against the official editions of the CFR, FEDERAL REGISTER, and
List of CFR Sections Affected (LSA), all available online at
www.fdsys.gov.
Of the three online commercial platforms, BloombergLaw
has the most up-to-date CFR, but LEXIS and Westlaw do
a better job of indicating proposed regulations are
pending
24. Regulations
Updating in PRINT
LIST OF SECTIONS AFFECTED (LSA)
Find the most recent issue – December 2013
Inside the front cover it will tell you about your title
Title 42-50
Changes October 1, 2013 – December 31, 2013
FEDERAL REGISTER
Last issue of each month since June
January 31, 2014 and February 26, 2014 (today)
List of Sections Affected during [month]
27. Executive Orders
The President has authority to make law on matters of
government business
Executive Orders
Have the force of law
–
–
Truman desegregated the Army in 1948
Ford pardoned Nixon
Executive Order 13526- Classified National Security Information
http://www.whitehouse.gov/the-press-office/executive-order-classifiednational-security-information
Proclamations
Law Day, 2013
http://www.whitehouse.gov/the-press-office/2013/04/30/presidentialproclamation-law-day-2013
28. Legal Citation
Basic Model
Volume | Source | Page (Year)
Federal Register: Vol. F.R. Page (Month Date, Year)
52 F.R. 49386 (December 31, 1987)
Code of Federal Regulations: Title C.F.R. Part (1954)
7 C.F.R. § 800.0 (2013)
Classified National Security Information, Executive Order No. 13526
3 C.F.R. § 298 (2009)
Hinweis der Redaktion
Sarbanes-Oxley Act of 2002, Securities & Exchange Commission
ICC 1887 – 1995 (trains and later trucking industry)
This website goes back to 1994
FDSys CFR About Parallel Table of Authorities and Rules for the Code of Federal Regulations and the United States CodeI am confused about 42 CFR 431.10 which apparently has been revised.The e-CFR has a different version and an effective date of July 15, 20013.The Cornell site has a different version but an effective date of 1-14-2014.A CMS site suggests that the original effective date of 1-14-2014 was pushed back to 7-15-2013 The e-CFR site version has strange numbering in section (c).